St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-11-19
DON'T LIKE THE BOOKS.
A Deal of Kicking at the New State
Temperance Text Books.
MUCH WORK FOR THE COURTS
An Opinion From Attorney General
Glapp That Settles Very
Few Points.


rushed through by the last legislature
are making no end of trouble through
out the state. Now that the excitement
over the high license law has subsidized,
another question has come up that
promises to trouble every school dis
trict in the state 1t is the law provid-
ing for the compulsory instruction of
all pupils in the public schools in regard
to the effects of StimulantS and narcOt-
les on the human system. From super
intendentS and school boards all over
the state come reports that the law is
not being Obeyed, and asking what is to
he be done in regard to the matter.
Many parents refuse to purchase the
books required, and also forbid their
children taking the branch in any way,
shape or form. The Germans, for in
stance, i'll many places go back
on the law, and say that
the books used do not tell the
truth when they make statements such
as declaring that lager beer is as much
a poison as arsenic, and consequently
they kick vigorously on their children
being filled with such stuff. To such
an extent has this gone that Supt.
Kiehle few days since asked for an
opinion from the attorney general i'll re-
gard to the matter, and yesterday Gen.
Clapp gave out lengthy document, Civ
ing the case a thorough review. The
opinion will give but little consolation
to the advocates of the strict enforce
ment Of the law. 1t expresses the Opln-
ion that each case will have TO be deter
mined by court of law to settle what
constitutes compliance" with its pro-
visions. An almost endless amount of
litigation is thus provided for.
GEN. CLAPP'S OPINION.
The attorney general says: The act
of last winter, providing for the study
of physiology and hygiene with special
reference to the effect of stimulants and
narcotics on the human system, places
this study precisely upon the same foot
ing in our schools that any other stands
upon, and in all questions involving the
rights and duties of the board, the
teachers, parents and scholars, the same
principles are applicable that would be
TO the study of arithmetic or geOg-
raphy, or any other study. in case
such study involved the rights and
duties of the respective parties. The
law makes it the imperative duty of
boards and teachers to give this inStruc-
ton. and the board has the same author
ity that it would have in any other mat
ter pertaining to the school. The line
separating the rights of parents and
scholars from the powers of the board
is very indefinite and uncertain line,
line that cannot be, with any preciS-
ion, defined in advance, but must al
ways be tested in each case upon the
merits of such case and can only lie de-
termined finally in court. Certain
considerations, however, are of impOr-
lance. In the first place, schools are i'll
stituted in the public interest and for
the public good, and under the familiar
principle that the public good is the
higher law, it may frequently happen
that the enforcement of rules adopted
for the good of schools apparently con-
travene the right of the individual, but
the right to attend school is not an alb
SOlute right. In order to exercise the
right on the part of the pupils, and in
order to secure its exercise as benehtlng
the parent, reasonable rules adopted for
the government of schools must be con-
formed to. The question whether such
rules are reasonable or not may be dis
cussed and considered, but can only
finally be determined upon the merits
of each case by court. The board have
the right to make reasonable rules, and
if such rules are not complied with, as
prOtSctlOn Illey HAY
EXPEI. THE PUPIL
refusing to comply with them. What
is a compliance may be considered and
discussed. but can only be determined
upon the merits of each case and by Il
court One pupil with an obstinate dis
like of study might make very little
progress, while another pupil of duller
Faculties, but actuated by desire to
learn, might make no better progress.
1t is impossible. therefore, to determine
in advance any degree of proficiency
which shall be the test by which to
ascertain whether or not pupils dila-
tory progress is due to an obstinate re-
fuSal to study. Trustees can make
rules for the management of
the school as to decorum
and conduct, violation of which would
disturb the quiet and order which should
prevail in schools. and would afford
proper grounds for expulsion, but the
board cannot prescribe the degree of at
tention and application which the stu
dent shall give TO any study. As above
remarked, it is impossible i'll advance to
lay down any definite line that can be
pursued. The department of public in
Struction by its circular decides that
oral instruction III elementary grades be
sufficient upon the subject under con-
sideration. 1t is intended that this in
struction shall be given earnestly, in
good faith and to carry out the Intent
and spirit of the law. In each
case trustees and teachers can only
be governed by the suggestions herein
before made and apply them to each in
dividual case. 1t will doubtless seem
that the suggestions herein offered do
not afford any very definite or satiSfac-
&c 81 Il .,,,I =
il is the only solution that can be given.
We can only take certain fixed princi-
Piles and apply them to the facts of any
given ease to determine whether OF not
the board would probably have authority
TO act in such case.